Castagnet Investments Pty Ltd v Woollahra MC & Anor [2006] NSWLEC 171

Land and Environment Court of New South Wales

CITATION : Castagnet Investments Pty Ltd v Woollahra MC & Anor [2006] NSWLEC 171

APPLICANT Castagnet Investments Pty Ltd

PARTIES : RESPONDENT Woollahra Municipal Council

Intervenor 2nd RESPONDENT Sens Pty Limited

FILE NUMBER(S) : 10565 of 2005

CORAM: Murrell C

KEY ISSUES: Development Application :- Drainage easement for apartment building

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Woollahra Local Environmental Plan Land and Environment Court Act

CASES CITED: Castagnet Investments Pty Ltd v Woollahra Municipal Council [2005] NSWLEC 647

DATES OF HEARING: 30/01/2006

DATE OF JUDGMENT: 04/12/2006

APPLICANT Mr S Griffiths, solicitor SOLICITORS Pike Pike & Fenwick

RESPONDENT LEGAL REPRESENTATIVES: Mr P Rigg, solicitor SOLICITORS Deacons

Intervenor 2nd RESPONDENT Mr H. Kahagalle, solicitor SOLICITORS PricewaterhouseCoopers Legal

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Murrell C

12 April 2006

No. 10565 of 2005 Castagnet Investments Pty Ltd v Woollahra Municipal Council

JUDGMENT (No. 3)

1 By way of background, the Court handed down findings of fact on 13 October 2005 concerning the merits of a development application for the property known 124 – 126 Bellevue Road, Bellevue Hill. In summary, apart from the need to satisfy the Court that "adequate provision has been made for the disposal of stormwater from the land" the Court found that the proposed development for an apartment building containing five units with basement parking for 11 vehicles was satisfactory on a merits assessment and that the proposed development would not be out of character with the surrounding residential area, or create unreasonable adverse impacts.